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DELHI HIGH COURT
RAJNISH BHATNAGAR
Kishan – Appellant
Versus
State – Respondent


Table of Content
1. overview of the factual background of the case. (Para 1)
2. arguments regarding the petitioner's innocence and custodial relevance. (Para 2 , 3)
3. the court’s analysis of consent and the circumstances of the case. (Para 4 , 5 , 6)
4. conclusion and order for bail. (Para 7 , 8)

ORDER

1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 284/2021 under Sections 363/376 IPC and Section 6 of the POCSO Act registered at Police Station Amar Colony. In brief the facts of the case are that on 08.06.2021 a PCR Call vide DD No. 45 regarding " Sant Nagar Church Garhi, East of Kailash, caller ke beti Ms. P, jise 11 month pahle ek ladka apne saath le gaya, caller vaha jaata hai toh maarne ki dhamki deta hai aur pareshan karta hai, ladke ka naam Krishan hai" was received in the police station. During enquiry, PCR caller `R' alleged that a boy namely Kishan (present petitioner) kidnapped her daughter Ms. P who was 16 years in Feb 2020 and he kept her with him forcefully. It is the further case of the prosecution that after receiving of the PCR Call, victim Ms. P, age-16 years was examined who stated that she went with petiti

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